Jump to Navigation

What do Missouri courts consider when dividing marital property?

There are several factors that a Missouri court will take into consideration when determining property division for a divorcing couple. First, the court will separate marital property from non-marital property and award all non-marital property to the spouse who owns it. The court will then divide both the marital assets and the marital debts.

Marital property generally includes all assets acquired by either spouse during the marriage except property acquired through gift or inheritance. Property which either spouse owned before the marriage remains the separate property of that spouse.

A couple can agree, in a prenuptial or postnuptial agreement, that certain assets will not be considered marital property. In addition, under Missouri law non-marital property does not become marital property just because it was commingled with marital property. An example of this would be an inheritance that is commingled with marital property, such as a home improvement.

In dividing marital property the court will consider the economic circumstances of each spouse. The court may also consider child custody arrangements in deciding whether the custodial parent will be awarded the home. In addition, the court will consider the contribution of each spouse to the marriage. This includes not only financial contributions but the contributions of a spouse as a homemaker as well. The court may also consider the value of non-marital property each spouse owns as well as the conduct of each spouse during the course of the marriage.

It is important for a divorcing spouse to have an understanding of their rights under Missouri law. If you go into a divorce unprepared, you may find yourself losing out in the property division.

Source: Missouri General Assembly, "Mo. Rev. Stat. ยง 452.330.1," accessed June 7, 2016

No Comments

Leave a comment
Comment Information
Joseph J. Porzenski
Email Us  (spam free)

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Subscribe to RSS Feed
FindLaw Network

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.